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Articles 198241 - 198270 of 545861
Full-Text Articles in Law
Horseshoes And Hand Grenades: The Dodd-Frank Act's (Almost) Attack On Credit Rating Agencies, Allana M. Grinshteyn
Horseshoes And Hand Grenades: The Dodd-Frank Act's (Almost) Attack On Credit Rating Agencies, Allana M. Grinshteyn
Hofstra Law Review
No abstract provided.
Behind Prison Walls: The Failing Treatment Choice For Mentally Ill Minority Youth, Simone S. Hicks
Behind Prison Walls: The Failing Treatment Choice For Mentally Ill Minority Youth, Simone S. Hicks
Hofstra Law Review
No abstract provided.
Notes On The Margins Of Lawyering, In Three And A Half Minutes, Stewart Macaulay
Notes On The Margins Of Lawyering, In Three And A Half Minutes, Stewart Macaulay
Hofstra Law Review
No abstract provided.
The Pari Passu Interpretation In The Elliott Case: A Brilliant Strategy But An Awful (Mid-Long Term) Outcome?, Dr. Rodrigo Olivares-Caminal
The Pari Passu Interpretation In The Elliott Case: A Brilliant Strategy But An Awful (Mid-Long Term) Outcome?, Dr. Rodrigo Olivares-Caminal
Hofstra Law Review
No abstract provided.
Justice Samuel A. Alito's Lonely War Against Abhorrent, Low-Value, Clay Calvert
Justice Samuel A. Alito's Lonely War Against Abhorrent, Low-Value, Clay Calvert
Hofstra Law Review
No abstract provided.
The Crisis Exposed By Pari Passu, Preston M. Torbert
The Crisis Exposed By Pari Passu, Preston M. Torbert
Hofstra Law Review
This article is one practitioner's reaction to Gulati and Scott's The Three and A Half Minute Transaction: Boilerplate and the Limits of Contract Design. It notes that current contract drafting practices, especially for sovereign debt instruments, create a crisis: that is, a danger and an opportunity. The danger is the offshoring of contract drafting. The opportunity is to substantially improve contract drafting by establishing in a law school a laboratory program for creative innovation in contract drafting. The article suggests issues that such a program could adddress: the implications of the canons of interpretation for drafting, the problem of …
"Sometimes A Cigar Is Just A Cigar": The Simple Story Of Pari Passu, Robert A. Cohen
"Sometimes A Cigar Is Just A Cigar": The Simple Story Of Pari Passu, Robert A. Cohen
Hofstra Law Review
No abstract provided.
Special Purpose Vehicles In Bankruptcy Litigation, John A. Pearce Ii, Ilya A. Lipin
Special Purpose Vehicles In Bankruptcy Litigation, John A. Pearce Ii, Ilya A. Lipin
Hofstra Law Review
No abstract provided.
Invested In Politics: Gun Jumping, Corporate Political Speech, And Citizens United, Alexander F.L. Sand
Invested In Politics: Gun Jumping, Corporate Political Speech, And Citizens United, Alexander F.L. Sand
Hofstra Law Review
No abstract provided.
Introduction, Judge John J. Farley, Iii
Client-Centered Lawyering-What It Isn't, Monroe H. Freedman
Client-Centered Lawyering-What It Isn't, Monroe H. Freedman
Hofstra Law Review
No abstract provided.
Whistleblowers Cash In, Unwary Corporations Pay, John Ashcroft, Catherine Hanaway, Claudia L. Onate Griem
Whistleblowers Cash In, Unwary Corporations Pay, John Ashcroft, Catherine Hanaway, Claudia L. Onate Griem
Hofstra Law Review
No abstract provided.
Wall Street As Yossarian: The Other Effects Of The Rajaratnam Insider Trading Conviction, J. Scott Colesanti
Wall Street As Yossarian: The Other Effects Of The Rajaratnam Insider Trading Conviction, J. Scott Colesanti
Hofstra Law Review
Without warning, the patient sat up in bed and shouted, ‘I see everything twice!’
And thus Yossarian, the war-weary bomber pilot of the masterful novel, Catch-22, was able to malinger in an Italian hospital even longer while nervous doctors attended to the strange malady of his neighbor.
The storied literary diversion may highlight the good fortune of those evading government prosecution of financial crimes in 2011, a year that fulfilled the promise that observers of hedge fund discipline would similarly see things twice. To wit, in May 2011, a Manhattan jury convicted billionaire hedge fund entrepreneur Raj Rajaratnam of fourteen …
Read-The-Bill Rule For Congress, A, Hanah Metchis Volokh
Read-The-Bill Rule For Congress, A, Hanah Metchis Volokh
Missouri Law Review
In response to recent high-profile instances of rushed legislation, a political movement has formed to urge legislators to read bills before voting on them. In this Article, I argue that legislators have a duty to read the text of proposed legislation before voting to enact it. Putting aside partisan concerns, a rushed legislative process creates real problems because it forces legislators to vote on bills without having time to properly evaluate the new legal rules that are being imposed on citizens. If a rule or norm of reading the bill can slow the legislative process enough to provide for thorough …
The Limits Of Reproductive Rights In Improving Women's Health, Rachel Rebouché
The Limits Of Reproductive Rights In Improving Women's Health, Rachel Rebouché
UF Law Faculty Publications
South Africa's Choice on Termination of Pregnancy Act (CTOPA) is heralded as one of the most progressive abortion laws in the world. The law permits unfettered access to government-funded abortion services for all women through the twelfth week of gestation, stating in its preamble that "every woman [has] the right to choose whether to have an early, safe and legal termination of pregnancy according to her individual beliefs." Despite increased availability of legal abortions' (and the inclusion of rights to reproductive health care and decision-making in South Africa's Constitution), the number of illegal terminations in South Africa does not appear …
Protecting Equine Rescue From Being Put Out To Pasture: Whether Ranches Dedicated To Abused, Abandoned, And Aging Horses May Qualify For "Agricultural" Classifications Under Florida's Greenbelt Law, Michael T. Olexa, Joshua A. Cossey, Katherine A. Smallwood
Protecting Equine Rescue From Being Put Out To Pasture: Whether Ranches Dedicated To Abused, Abandoned, And Aging Horses May Qualify For "Agricultural" Classifications Under Florida's Greenbelt Law, Michael T. Olexa, Joshua A. Cossey, Katherine A. Smallwood
UF Law Faculty Publications
Florida's equestrian community is currently experiencing an influx of horse owners and equestrian facilities. This generates opposition within those counties refusing to recognize equestrian property uses as “agricultural.” Subject to the restrictions set out in section 193.461 of the Florida Statutes (otherwise known as the Greenbelt Law) only property “used primarily for bona fide agricultural purposes shall be classified agricultural.” This article addresses whether the use of property to board, train, and graze abused, abandoned, and aging horses (referred to throughout this paper as “rescue” horses) should fall under the Greenbelt Law‟s “agricultural” tax classification. Several points support classifying rescue …
The Family Law Canon In A (Post?) Racial Era, Shani M. King
The Family Law Canon In A (Post?) Racial Era, Shani M. King
UF Law Faculty Publications
While the debate about a post-racial society rages, our justice system continues to operate in a way that is race-conscious. It seems as though most of the discussion about race and the justice system concerns criminal justice, juvenile justice, education, and immigration. But race consciousness also impacts family law. Nonetheless, the family law canon does not scrutinize race-based disparities in laws, procedures, and outcomes, and that omission feeds a mistaken notion of a race-blind or a post-racial society. One consequence of this omission is that it obscures race-based decision making by legislatures, judges, legal reform organizations, legal scholars, lawyers, and …
Fostering Race-Related Dialogue: Lessons From A Small Seminar, Jonathan R. Cohen
Fostering Race-Related Dialogue: Lessons From A Small Seminar, Jonathan R. Cohen
UF Law Faculty Publications
People frequently shy away from discussing race. Yet, for many reasons, discussing race is extremely important. Drawing upon my experience of teaching a small seminar that addressed race through the lens of reconciliation, in this essay I offer several suggestions for fostering constructive race-related dialogue. I begin by identifying some factors that can make race-related dialogue difficult. I then suggest five steps that may facilitate constructive dialogue: (1) establish trust and good conversational dynamics before discussing race, (2) prompt the discussion with a reading or other informative stimulus, (3) listen to others with the goal of understanding their thoughts, (4) …
Ancient Laws, Yet Strangely Modern: Biblical Contract And Tort Jurisprudence, Richard H. Hiers
Ancient Laws, Yet Strangely Modern: Biblical Contract And Tort Jurisprudence, Richard H. Hiers
UF Law Faculty Publications
People generally, and even most biblical scholars, tend to view biblical law as, at best, a random patchwork of odd and antiquated commandments and rules. The present Article demonstrates that many biblical laws can be understood to have functioned in biblical time, in ways remarkably similar to various laws characterized in modern Anglo-American jurisprudence as contract and tort law. In particular, the Article points out that the biblical tort laws found in Exodus 21:18 through 22:17 are structured along lines closely parallel to concepts found in modern tort law jurisprudence. Many of the biblical laws considered here give expression to …
The Limitations Of An Economic Agency Cost Theory Of Trust Law, Lee-Ford Tritt
The Limitations Of An Economic Agency Cost Theory Of Trust Law, Lee-Ford Tritt
UF Law Faculty Publications
Should the donor's specific interests or potentially conflicting theoretical economic principles control the creation and administration of trusts? In a highly influential article advancing an agency cost framework for trust law, Harvard Law Professor Robert Sitkoff suggests retooling trust law to focus on wealth maximization and to minimize costs stemming from an assumed misalignment of the interests between deemed "principals" and "agents" within the trust setting. An agency cost theory of trust law, however, reduces the complex, highly idiosyncratic, and emotionally charged nature of trust law into a simple business relationship. Given the special nature of trust law and practice-where …
Rethinking Proportionality Under The Cruel And Unusual Punishments Clause, John F. Stinneford
Rethinking Proportionality Under The Cruel And Unusual Punishments Clause, John F. Stinneford
UF Law Faculty Publications
Although a century has passed since the Supreme Court started reviewing criminal punishments for excessiveness under the Cruel and Unusual Punishments Clause, this area of doctrine remains highly problematic. The Court has never answered the claim that proportionality review is illegitimate in light of the Eighth Amendment’s original meaning. The Court has also adopted an ever-shifting definition of excessiveness, making the very concept of proportionality incoherent. Finally, the Court’s method of measuring proportionality is unreliable and self contradictory. As a result, a controlling plurality of the Court has insisted that proportionality review be limited to a narrow class of cases. …
Author Meets Reader, Scholar Meets Worker: An Introduction To The Section On Labor Relations And Employment Law 2011 Aals Panel Presentation, Rachel Arnow-Richman
Author Meets Reader, Scholar Meets Worker: An Introduction To The Section On Labor Relations And Employment Law 2011 Aals Panel Presentation, Rachel Arnow-Richman
UF Law Faculty Publications
This article introduces the AALS Section on Labor Relations & Employment’s January 2011 Program, 'Author Meets Reader: Jack Getman’s Restoring the Power of Unions,' while exploring the significance of the contemporaneous union boycott of the Union Square Hilton, the primary site of the AALS 2011 Meeting. When the national leadership of the AALS proved unresponsive to UNITE HERE’s entreaties, a group of interested law professors undertook to convince the organization to relocate its conference using a combination of direct appeals to AALS leadership and grassroots mobilization of faculty attendees. Like many of the union movements described in Jack Getman’s monograph …
The Importance Of Federal Habeas Review As A Means To Challenge Florida's Death Penalty Sentencing And Drug Possession Statutes, Donna L. Eng
UF Law Faculty Publications
The importance of Federal habeas review of Florida's death penalty and drug possession statues should become apparent in light of the current legal and political landscape surrounding Florida's death penalty scheme. When a State is unable to independently comply with the mandates of the United States Constitution, the citizens of that State have no option other than seek redress in Federal court.
When Efficiency Arguments Fail: The Counter-Intuitive Effects Of Amended Rule 78.07(C), Vincenzo Iuppa
When Efficiency Arguments Fail: The Counter-Intuitive Effects Of Amended Rule 78.07(C), Vincenzo Iuppa
Missouri Law Review
In light of the court's miscarriage of justice in Crow v. Crow, this Note will focus on analyzing the supposed efficiency of amended Rule 78.07(c). This Note will begin by explaining the history leading up to Crow v. Crow and then analyzing the decision itself. With the background established, this Note will examine the effect that amended rule 78.07(c) had on the Crow court and the lingering influence it has on the judiciary at large. First, the intended outcome of the rule will be compared and contrasted with several potential outcomes in order to determine whether the amendment actually results …
Speeches: Transitional Justice, Peace, And Prevention: University Of Baltimore Law School October 26, 2010, Juan E. Méndez
Speeches: Transitional Justice, Peace, And Prevention: University Of Baltimore Law School October 26, 2010, Juan E. Méndez
University of Baltimore Law Review
No abstract provided.
Apprendi Land Becomes Bizarro World: Policy Nullification And Other Surreal Doctrines In The New Constitutional Law Of Sentencing, Benjamin J. Priester
Apprendi Land Becomes Bizarro World: Policy Nullification And Other Surreal Doctrines In The New Constitutional Law Of Sentencing, Benjamin J. Priester
Santa Clara Law Review
No abstract provided.
The Key To The Courthouse Door: The Effect Of Ashcroft V. Iqbal And The Heightened Pleading Standard, Michael Eaton
The Key To The Courthouse Door: The Effect Of Ashcroft V. Iqbal And The Heightened Pleading Standard, Michael Eaton
Santa Clara Law Review
No abstract provided.
Apportioning Cleanup Costs In The New Era Of Joint And Several Cercla Liability, Michael Foy
Apportioning Cleanup Costs In The New Era Of Joint And Several Cercla Liability, Michael Foy
Santa Clara Law Review
No abstract provided.
Localism And Capital Punishment, Stephen F. Smith
Localism And Capital Punishment, Stephen F. Smith
Vanderbilt Law Review
No abstract provided.